NSW Caselaw
New South Wales Supreme Court
CITATION : Lahoud & Anor v Lahoud & Ors (No 2) [2005] NSWSC 1019
HEARING DATE(S) : 22 July, 2005
JUDGMENT DATE : 13 October 2005
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
DECISION : Short Minutes of Order settled.
CATCHWORDS : REAL PROPERTY - CONTRACT - TITLE - The obligation in an "open contract" to transfer land carries implied term that land shall be free of encumbrances - SPECIFIC PERFORMANCE - Obligation to execute further deed - how performed.
- Gloag & Miller's Contract, In re (1883) 23 Ch D 320 - McGrory v Alderdale Estate Company Ltd [1918] AC 503 CASES CITED : - Timmins v Moreland Street Property Co Ltd [1958] Ch 110 - "Dart on Vendors & Purchasers" (7th Ed) Vol 1, p.240 - Stonham "The Law of Vendor & Purchaser", paras 202, 203
Joseph Lahoud - First Plaintiff/First Cross Defendant Joseph Lahoud & Associates Pty Ltd - Second Plaintiff/Second Cross Defendant PARTIES : Victor Lahoud - First Defendant/First Cross Claimant Castle Constructions Pty Ltd - Second Defendant/Second Cross Claimant Solidare Pty Ltd - Third Defendant/Third Cross Defendant
FILE NUMBER(S) : SC 3606/01
S.D. Epstein SC - Plaintiffs/Cross Defendants COUNSEL : L.V. Gyles - Defendants/Cross Claimants
Baron & Associates - Plaintiffs/Cross Defendants SOLICITORS : Aitken McLachlan Thorpe - Defendants/Cross Claimants
LOWER COURT JURISDICTION :
Introduction
1 On 30 May 2005 I delivered judgment in these proceedings: [2005] NSWSC 509. I held that the Plaintiffs were entitled to specific performance of an agreement contained in Terms of Settlement whereby prior litigation between the parties had been resolved. I directed that the parties bring in Short Minutes of Order reflecting the reasons for judgment. 2 The parties brought in radically different proposed Short Minutes of Order and a further hearing was necessary. 3 I will assume that the reader of this judgment is familiar with the issues and the history of the matter as set out in my earlier judgment. As in the earlier judgment, for the sake of convenience and without intending any disrespect, I will refer to Messrs Joseph and Victor Lahoud by their first names and reference to each of them will include reference to their respective companies which are party to these proceedings. Whether mortgage must be discharged
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